Legal Question in Criminal Law in Minnesota

Juvenile Restitution

When I was 13 years old,I was convicted of aiding and abetting 2 older (16 & 17)boys in a crime.There was restitution assessed & I have been paying (through my state tax returns, etc.) on this for the past 4 years.The other 2 boys have not paid a dime ever,and their taxes are not being captured as mine are. I am getting to the point where my part will be paid off this year, but I am responsible for their part if they don't pay.I have no idea what these two ended up being convicted of, but it's very apparent that I've been punished much more.How can I either appeal having to pay the entire amount of the damages(as I will then be paying for another 4 years), or determine why their taxes are not being captured? Can I sue them? I don't even have a way of finding them. Please help. Thanks so much.


Asked on 2/09/05, 3:34 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Juvenile Restitution

First, if this case was in juvenile court, there the accused is called the "Respondent" (not "Defendant"), and cannot be "convicted," but rather can be "adjudicated delinquent." This terminology is important.

Generally, where two or more individuals are "convicted" or "adjudicated delinquent" for the same crime (conspiracy, aiding and abetting, etc.), then all convicted or adjudicated delinquent are "jointly and severally" liable for payment of restitution to the victim(s). The reason is that the court wants the victim(s) "to be made whole," to recover their loss as soon as possible. If one defendant or respondent ends up paying more than his fair share of restitution than the others, that defendant or respondent generally would have a right to sue the others in court, for reimbursement of excess restitution paid.

As far as trying to get the court to collect restitution form the others, by tax refund capture or otherwise, I would suggest talking to your probation officer about it, and-or, your lawyer. You have the right to go back to court to dispute the fairness of the total amount of restitution ordered, but not the "joint and several liability" aspect of your restitution obligation.

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Answered on 2/10/05, 10:07 am


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